HomeMy WebLinkAboutPlanning Commission Resolution 2023-17 12/12/2023 DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
ATTACHMENT A
RESOLUTION NO. 2023-17
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING
SECTION 5.080 TO THE CITY OF PETALUMA IMPLEMENTING ZONING
ORDINANCE, ORDINANCE 2300 N.C.S.,AND AMENDING THE ZONING MAP TO
ZONE APPLICABLE PARCELS TO THE PROPOSED
FAIRGROUNDS OVERLAY ZONE
WHEREAS,the City of Petaluma Implementing Zoning Ordinance (IZO) Section 25.010
provides that no amendment that regulates matters listed in Government Code Section 65850 shall
be made to the IZO unless the Planning Commission and City Council find the amendment to be
in conformity with the General Plan; and
WHEREAS, pursuant to IZO Chapter 25, the City of Petaluma Planning Director may
initiate an amendment, and the City Council may adopt the amendment upon the recommendation
of the Planning Commission; and
WHEREAS,pursuant to IZO Sections 25.010 and 25.050.13, if the Planning Commission
finds the IZO amendments to be in conformance with the Petaluma General Plan, and consistent
with the public necessity, convenience, and general welfare, it may recommend amendment of the
IZO to the City Council; and
WHEREAS,on December 31,2023,the 4th District Agricultural Association(DAA)lease
for management and maintenance of the Fairgrounds property will expire; and
WHEREAS, on January 1, 2024, upon expiration of the DAA lease, the City of Petaluma
will assume site control of the Fairgrounds property; and
WHEREAS, the City of Petaluma will be responsible for all operations on-site, including
facility and grounds maintenance, sub-user interactions, event bookings, programming,
and all other related responsibilities; and
WHEREAS, through an extensive year-long public engagement process, the community
communicated the desire for (1) continued operation of the annual fair, (2) better management of
the property, and(3)more accessible, affordable community events and uses; and
WHEREAS, based on community input received during the public engagement process,
on October 24, 2022, the City Council, through Resolution 2022-167 N.C.S., adopted eight (8)
Guiding Principles to guide all future efforts of Petaluma City staff to act on and implement
feedback from the Petaluma community and the City Council regarding future uses of the
Fairgrounds property; and
WHEREAS, on October 2, 2023, the City Council, through Resolution 2023-157,
authorized the City Manager to execute,on behalf of the City, license agreements with each of the
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Attachment A December 12,2023
Section 5.080 Fairgrounds Overlay Zone Amendment
nine existing tenants, to become effective upon the expiration of the DAA lease agreement on
December 31, 2023; and
WHEREAS, the license agreements with each of the nine existing tenants establish terms
of use for the continued operation of existing tenants over the next 3-5 years; and
WHEREAS, some uses established on the site are not expressly permitted within the
zoning districts within which they are located as the historic operation of the site by the 4th DAA
was not subject to local regulations during the period the lease is in effect; and
WHEREAS, continued operation of uses onsite are in the public interest as they provide
multiple community benefits, generate revenue that supports overall site operations, and allow for
ongoing interim use over the next 3-5 years until such time as a Master Plan for the Fairgrounds
is adopted and implemented; and
WHEREAS, the Fairgrounds Overlay Zone is a tool that can be used to ensure ongoing
operation of the Fairgrounds property meets the needs of the community; and
WHEREAS, the Fairgrounds Overlay Zone will effectively permit all existing uses,
subject to provisions that preclude enlargement, extension, or relocation onsite; and
WHEREAS, the Fairgrounds Overlay Zone will continue to permit short-term activities,
subject to the approval of a Zoning Permit as set forth in Section 7.070 of the Implementing Zoning
Ordinance; and
WHEREAS, the Fairgrounds Overlay Zone will allow for site modifications, such as
additional landscaping, site access and circulation improvements, and similar improvements,
subject to review and approval of Site Plan and Architectural Review by the Planning Commission;
and
WHEREAS, the Fairgrounds Overlay Zone will allow for the establishment of new uses,
subject to Planning Commission recommendation and City Council approval, provided that the
new use is in alignment with the visioning of the ongoing General Plan update, is in alignment
with the Guiding Principles set forth in City Council Resolution 2022-167 N.C.S., and that the
new use provides a public benefit; and
WHEREAS, the Fairgrounds Overlay Zone will allow for the establishment of new
accessory and ancillary uses, subject to approval of a Minor Use Permit by the Planning Director,
provided that such uses are in alignment with the visioning of the ongoing General Plan update,
are in alignment with the Guiding Principles set forth in City Council Resolution 2022-167 N.C.S.,
and that the new uses provide a public benefit; and
WHEREAS,the Fairgrounds Overlay Zone will provide near-term operation of temporary
and semi-permanent uses that help to achieve four(4) of the eight(8) Guiding Principles adopted
by City Council Resolution 2022-167 N.C.S.; and
Planning Commission Resolution No.2023-17 Page 2 of 5
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Attachment A December 12,2023
Section 5.080 Fairgrounds Overlay Zone Amendment
WHEREAS, allowing for the establishment of new accessory and ancillary uses, such as
community gardens and farmers markets, would achieve several citywide goals and priorities,
including priority item 96, which seeks to improve access to healthy, sustainable food throughout
the community, including consideration of community garden sites and farmers market locations
(e.g., fairgrounds), and events and provides an opportunity to incorporate elements of the Sonoma
County Healthy and Sustainable Food Action Plan; and
WHEREAS, the Fairgrounds Overlay Zone would contribute to community needs in the
near term and would provide an opportunity for the city and the community to assess the
appropriateness of new uses, such as community gardens, farmers markets, and mobile vendors
operating at the site,using real-world examples to inform long-term operations at the Fairgrounds;
and
WHEREAS, the Fairgrounds Overlay Zone Ordinance is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15301 (Existing Facilities) and 15305 (Minor Alterations in Land Use Limitations); and
WHEREAS, on December 1, 2023, the City's Notice of Public Hearing to be held on
December 12,2023,before the City of Petaluma Planning Commission,was published and mailed
to all residents and property owners within 1,000 feet of the perimeter of the proposed Fairgrounds
Overlay Zone; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
12, 2023, at which time all interested parties had the opportunity to be heard.
NOW THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PETALUMA AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference
as findings of the Petaluma Planning Commission.
2. Based on the staff report, staff presentation, comments received, and the public
hearing, the Planning Commission makes the following findings based on
substantial evidence in the record:
a. California Environmental Quality Act Findings:
The Fairgrounds Overlay Ordinance is categorically exempt from the
provisions of the California Environmental Quality Act(CEQA)pursuant to
CEQA Guidelines Section 15301 (Existing Facilities) and 15305 (Minor
Alterations in Land Use Limitations).
b. General Plan Findings:
The proposed overlay is consistent with the Petaluma General Plan,
specifically these policies and programs:
•2-P-82 Work with the Sonoma-Mann Fair to explore more optimal use or
relocation of the Fair's site. A. Optimal use could include redesign and
Planning Commission Resolution No.2023-17 Page 3 of 5
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Attachment A December 12,2023
Section 5.080 Fairgrounds Overlay Zone Amendment
intensification of the existing acreage;reduction and intensification of the
existing site; or master planning of the Fairground and adjacent
property(ies) to create an improved layout of the fairground; improve
compatibility with existing neighborhoods and enhance adjacent
development potential. The Fairgrounds Overlay is consistent with this
General Plan policy as it will allow for ongoing operation of the existing
tenants and uses, including the annual fair, and will encourage the
development of accessory and ancillary uses that are in alignment with
adopted Guiding Principles for the site, and provide a public benefit.
Allowing for the ongoing operation of existing uses as well as new uses
that align with the community's goals will help to inform master planning
efforts for the site and will ensure optimal use is achieved in the near-,
medium-and long-term.
•2-P-83 Work with the Sonoma-Marin Fair to explore opportunities to
achieve a joint-use agreement and/or year-around use of open space/green
field areas of the fairgrounds for public access and/or recreational
activities, including group sports. The Fairgrounds Overlay provides a
mechanism to explore opportunities for certain new uses and tenants to
use the Fairgrounds, including the use of open spaces for public access
and recreational activities, which is consistent with this General Plan
policy, is in alignment with the stated vision and principles for the site,
and provides opportunities for public benefits.
•6-P-1-G Encourage and support the collaboration of local school districts,
non-profit organizations, and private parties in the use of public lands for
outdoor education opportunities such as community gardens. The
Fairgrounds Overlay will allow ongoing operation during this interim
planning period of Live Oak Elementary and Middle School, Happy
Hearts Preschool, and Rebuilding Together, and is also proximate to the
Petaluma Regional Library and Kenilworth Teen Center. The presence of
these uses within the Overlay as well as in proximity to the Overlay
provides an opportunity for collaboration to establish new uses such as
community gardens which can be used by the general public as well as
provide educational opportunities for nearby schools, nonprofits, and
other organizations. The proposed Overlay is consistent with this General
Plan policy as it encourages and supports collaboration to use public
lands to establish community gardens.
•6-P-1-H Improve community health and unity by providing community-
wide, family-oriented special events that bring the community together.
The Fairgrounds Overlay provides opportunities to establish new uses
and programs that provide community benefits, such as community
gardens and farmers markets, which encourage health and unity by
providing access to healthy foods and additional community gathering
spaces in a centralized location within the City. As such, the proposed
Overlay is consistent with this General Plan policy.
Planning Commission Resolution No.2023-17 Page 4 of 5
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Attachment A December 12,2023
Section 5.080 Fairgrounds Overlay Zone Amendment
•6-P-1-I Where feasible, acquire and/or restore, maintain, and use for the
community's benefit, local historic assets. The Fairgrounds Overlay Zone
is consistent with this General Plan policy as the City will manage and
operate its fairgrounds and start to manage the Fairgrounds on January
1, 2024. The Overlay will allow ongoing operation during this transition
period of legacy uses, which provide services for the community's benefit
and also provide provisions that allow the property to evolve over time
with uses that align with the community's vision for the property and
provide additional community benefits. The Fairgrounds will also allow
the City to implement potential new programs for the Community's
benefit.
c. The public necessity, convenience, and general welfare clearly permit the
adoption of the proposed Zoning Map Amendment in that:
The continued operation of uses on site is in the public interest as they
provide multiple community benefits, generate revenue that supports overall
site operations, and allow for ongoing interim use over the next 3-5 years
until such time as a Master Plan for the Fairgrounds is adopted and
implemented. Additionally, the Fairgrounds Overlay will allow the City to
establish new uses and programs through approval of a Minor Use Permit
for uses that provide Community benefits, such as farmers'markets, healthy
food vendors, and a community garden. Additionally, the Fairgrounds
Overlay will allow the City to establish new uses and programs through the
approval of a Minor Use Permit for uses that provide Community benefits.
3. Based on its review of the entire record herein, including the December 12,2023,
Planning Commission staff report, all supporting, referenced, and incorporated
documents and all comments received, and the foregoing findings, the Planning
Commission hereby recommends that the City Council adopt an Ordinance to
amend the Zoning Text and Map as shown in Exhibits 1 and 2.
Planning Commission Resolution No.2023-17 Page 5 of 5
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
ATTACHMENT A
ADOPTED this 12t" day of December 2023, by following vote:
Commission Member Aye No Absent Abstain
Bauer X
Chair Hooper X
McErlane X
Vice Chair Racusen X
Whisman X
Vice Mayor Cader X
Thompson
Mozes X
Lsignetlby:
t, Nqt r 1/17/2024
D898ESE3 ..
Blake Hooper, Chair
ATTEST: APPROVED AS TO FORM:
FDI-Sig"Idby:
7�ffa1/17/2024 FDI-Sil"Idby:
,Lut, fy („ 1/17/2024
—zeeaeeeeeoxsu i"z.__�
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Chapter 5 OVERLAY ZONES
Sections:
5.010 Purpose.
5.020 Applicability of Overlay Zones.
5.030 Flood Plain Overlay Zone.
5.040 Historic District Overlay Zone.
5.050 Theater District Overlay Zone.
5.060 Senior Mobilehome Overlay District
5.080 Fairgrounds Overlay Zone
5.080 Fairgrounds Overlay Zone.
A: Purpose and Intent. The purpose and intent of the Fairgrounds Overlay Zone is to allow operation
of existing uses on the City-owned Fairgrounds property, provide specifications for establishment
of new, beneficial uses of the Fairgrounds, including temporary uses, permanent uses and
structures and site improvements as set forth in subsection D, consistent with the Guiding
Principles adopted in City Council Resolution 2022-167 N.C.S., and to ensure ongoing operation
of the site and its uses are in the best interest of the public health,safety,and welfare while a master
plan and associated land use policies and zoning are prepared and adopted for the Fairgrounds
property.
B: District Boundaries. The proposed Fairgrounds Overlay Zone applies to areas of the city-owned
property,generally referred to as the Fairgrounds,identified as Assessor's Parcel Numbers(APNs)
007-031-004 and 007-031-005 and zoned Civic Facility (CF) and Mixed Use 1B (MU1B) as
shown in Figure 5.1 below. The boundaries of the Fairgrounds Overlay Zone are generally
described follows:
The Fairgrounds Overlay Zone is generally bounded by East Washington Street to the west,
Kenilworth Drive to the north (excluding the area known as the Petaluma Swim Center), APNs
005-010-008, -037, -038, -039, 005-020-049, and 007-473-042 to the east, and Payran Street to
the south (excluding the area known as the Petaluma Regional Library, Kenilworth Teen Center,
and Kenilworth Park).
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
Figure 5.1: District Boundaries
Fairgrounds Overlay Zone
1:9,028
[orvig �MH�Mlahlla Hsma) 121Rssi-1W 21 Mabil•Hdro Palls 0 0.07 0.16 0.31111
�C1(Commercul l) MUtA(Mi..U.tA) R3 ttldeltial 3) Puu�r PCDe Parcel. 0 0.13 025 0.5 km
C2(Coml W 2)_MD19)Mbe0 the lB) R<(ResiOenllal a) PUD SlreIXs
CF[C Facility) _MU2(Mmd U.2) R5(Resiaemial 5) O Hi—,CsmhWN Ue d _Freeway 1'I.10 v •�ay a M•w."a•x•r
-(Flostlnay) O6P(Open Space Pall) Fba—Y a—) Th—D Wd -Chy Limit
(InduaMal) ND(Pla dUnit Di,tr ) 1D YearF plwa(2018)OF cement nisMd
•bAOPemle•r
Phmmnw..rec.—yd•aydrvaoe.Mawrl
C: Definitions
1. Mobile Vendor. A transient business selling goods in the city in a manner that is intended
to be temporary or is capable of being moved from one location to another.
2. Public Benefits. Examples of public benefits concerning uses within the Fairgrounds
Overlay Zone include, but are not limited to, uses that: have an educational component;
provide access to arts and cultural programs and events; offer recreational opportunities;
improve transit access and mobility options; and any other uses that help support
maximizing public access to and use of the Fairgrounds property, and/or that promote the
public health, safety,welfare, and sustainability consistent with the City Council's adopted
Guiding Principles concerning the Fairgrounds.
3. Site Improvements. Horizontal improvements made on the land such as landscaping,
drainage, circulation, parking, utilities, signage, and fencing.
4. Temporary Use. A use of land that is designed, operated and occupies a site for a limited
period of time, typically 60 days or less.
D: Existing and New Permitted Uses and Activities
1. Existing Uses Permitted. The existing uses listed in Table 5.1 below are expressly permitted
within the Fairgrounds Overlay Zone, subject to the terms and conditions in applicable
license agreement(s)between the City of Petaluma and licensee(s). In addition to the terms
and conditions in license agreements and other permits or other authorizations issued by
the City to allow use of the Fairgrounds, all such licenses, permits or other authorizations
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
allowing use of the City's Fairgrounds property shall also be subject to the requirements in
a-e of this subsection.
Table 5.1
Licensee Use
El Roy's Mobile Vendor
Java Hut Restaurant, Cafe, Coffee Shop
Airport Express Parking Facility, Commercial
Happy Hearts Preschool Child Care Center
Rebuilding Together Office (Professional/Administrative)
Play Dog Play Kennel,Animal Boarding
Playland Commercial Recreation, Outdoor
Live Oak Elementary and Middle School School
Glad Enterprises Commercial Recreation, Outdoor
a. Modifications to Existing Permitted Use. Permitted uses existing as of the effective
date of this section or subsequently approved in accordance with this section shall
not be enlarged, extended, or relocated except as expressly authorized in
accordance with the applicable license agreement, and applicable regulations in the
Zoning Ordinance.
b. Change of Existing Permitted Use. Permitted uses existing as of the effective date
of this section or subsequently approved in accordance with this section shall not
be changed to another permitted use, except as allowed in accordance with Section
22.030(C) of the Zoning Ordinance, and subject to a license agreement, permit, or
other City authorization.
c. Change of Operator Permitted uses existing as of the effective date of this section
or subsequently approved in accordance with this section shall not be transferred
from one operator to another without prior approval by an authorized City official.
or body, subject to a new or amended license agreement, permit, or other City
authorization.
d. Discontinuation of a Use. Absent express authorization of an authorized City
official or body, a use shall be considered abandoned and may not be renewed but
shall require a new use application and issuance of a new authorization in
accordance with all applicable requirements of D(2) of this Section if such use has
been discontinued for a period of 3 months or more.
e. Maintenance and Repair. Nothing in this section shall be deemed to prohibit normal
maintenance and repair of any use or structure permitted pursuant to this section,
subject to all requirements of any applicable license, permit or other City
authorization, or the carrying out, upon the issuance of a building or other permit
as required for structural alterations, demolition or other alterations necessary or
desirable in the interest of public safety as determined by an authorized City official
or body. Where applicable, modifications to existing structures and site
improvements shall address historic eligibility of the structure or improvement as
set forth in the Sonoma-Marin Fairgrounds Historic Resources Documentation,
prepared by Page & Turnbull, July 1, 2022, and shall carry out modifications in a
manner that will not result in a substantial adverse change in the significance of a
DocuSign Envelope ID:2838068D-2770-4EA1-BC28-189E6E334286
historic resource. Where applicable, a Historic Site Plan and Architectural Review
(HSPAR), or Site Plan and Architectural Review (SPAR) permit shall be obtained
for exterior modifications meeting the criteria set forth in Section 24.050.
2. Annual Sonoma-Mario Fair. The Sonoma-Marin Fair shall be permitted to operate, subject
to the terms and conditions in applicable license agreement(s)between the City of Petaluma
and licensee(s), and all applicable requirements of this section and applicable law,
including applicable rules and regulations of the City.
3. Temporary Uses. The Planning Director may approve a Zoning Permit for temporary uses
in the Fairgrounds Overlay Zone in accordance with applicable requirements in Section
7.070 of the Zoning Ordinance.
4. New Public Benefit Uses Allowed Administratively. The Planning Director may approve a
minor use permit to allow new uses that are not otherwise allowed pursuant to Subsection
(D) of this Section in the Fairgrounds Overlay Zone pursuant to the findings set forth in
Section 24.060(E) of the Zoning Ordinance and affirmative findings that:
a. The use will not involve construction of new permanent structures.
b. The use is consistent with Guiding Principles adopted in City Council Resolution
2022-167 N.C.S.
C. The use provides a public benefit.
d. The use satisfies all applicable requirements of this section, and is subject to a
license agreement,permit, or other City authorization as approved by an authorized
City official or body.
5. New Uses Allowed by City Council. The City Council, upon recommendation of the
Planning Commission may approve new conditional use permits for new uses on the City's
Fairgrounds property that are currently otherwise permitted by-right or conditionally
permitted within the base zoning districts in which they are located. Such approvals shall
be subject to and in accordance with the review criteria and findings set forth in Section
24.060(E), and additional affirmative findings that:
a. The use is consistent with the Guiding Principles adopted in City Council
Resolution 2022-167 N.C.S.
b. The use provides a public benefit.
c. The use satisfies all applicable requirements of this section, and is subject to a
license agreement,permit, or other City authorization as approved by an authorized
City official or body, subject to approval of the use by the City Council.
6. Major Site Improvements. The City Council, upon recommendation of the Planning
Commission, may approve a Site Plan and Architectural Review (SPAR) permit to allow
major site improvements such as new construction of buildings in the Fairgrounds Overlay
Zone pursuant to the findings set forth in Section 24.050(E) of the Zoning Ordinance. The
Director may grant administrative site plan and architectural review approval to minor
additions or modifications, or may refer such development proposals to the Planning
Commission.
E: Prohibited Uses and Activities
1. New Permanent Structures and Uses. No new permanent structures, other than those
permitted in accordance with subsection (D) of this Section shall be permitted within the
Fairgrounds Overlay Zone.
2. New Uses. No new uses, other than those permitted in accordance with subsection (D) of
this Section, shall be permitted within the Fairgrounds Overlay Zone.
•
Mixed Use Zones
LE 4.3 P(1 rmitted Use
llowed Land Uses and Permit C itional Use Permit Required
equirements for Mixed Use Zones ermit Requirement in Specific Use
Regulations
Accessory Use
_ Use Not Allowed
AND USE TYPE (1) ermit Required by Zone Specific Use
MUTA MU1B22 MU1C MU2 Regulations
Civic Facility Zone
TABLE 4.5 1 d Use
Allowed Land Uses and Permit Requirements nal Use Permit
or Civic Facility Zone quired
ermit Requirement in
pecific Use Regulations
A Accessory Use
Use Not Allowed
AND USE TYPE (1) Permit Specific Use Regulations
Required
,..by Zone
CF20